New Jersey A 2915: Establishes "Neighborhood Solar Energy Investment Program."

Bill Text

ASSEMBLY, No. 2915

STATE OF NEW JERSEY
221st LEGISLATURE

PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION

Sponsored by:
Assemblyman GARY S. SCHAER
District 36 (Bergen and Passaic)

SYNOPSIS
Establishes “Neighborhood Solar Energy Investment Program.”

CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.

A2915 SCHAER
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EXPLANATION – Matter enclosed in bold-faced brackets [thus] in the above bill is
not enacted and is intended to be omitted in the law.

Matter underlined thus is new matter.

AN ACT concerning solar energy projects, and amending P.L.1999, 1
c.23. 2
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BE IT ENACTED by the Senate and General Assembly of the State 4
of New Jersey: 5
6
1. Section 38 of P.L.1999, c.23 (C.48:3-87) is amended to read 7
as follows:
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38. a. The board shall require an electric power supplier or 9
basic generation service provider to disclose on a customer's bill or 10
on customer contracts or marketing materials, a uniform, common 11
set of information about the environmental characteristics of the 12
energy purchased by the customer, including, but not limited to: 13
(1) [Its] its fuel mix, including categories for oil, gas, nuclear, 14
coal, solar, hydroelectric, wind and biomass, or a regional average 15
determined by the board; 16
(2) [Its] its emissions, in pounds per megawatt hour, of sulfur 17
dioxide, carbon dioxide, oxides of nitrogen, and any other pollutant 18
that the board may determine to pose an environmental or health 19
hazard, or an emissions default to be determined by the board; and 20
(3) [Any] any discrete emission reduction retired pursuant to 21
rules and regulations adopted pursuant to P.L.1995, c.188. 22
b. Notwithstanding any provisions of the "Administrative 23
Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to the 24
contrary, the board shall initiate a proceeding and shall adopt, in 25
consultation with the Department of Environmental Protection, after 26
notice and opportunity for public comment and public hearing, 27
interim standards to implement this disclosure requirement, 28
including, but not limited to: 29
(1) [A] a methodology for disclosure of emissions based on 30
output pounds per megawatt hour; 31
(2) [Benchmarks] benchmarks for all suppliers and basic 32
generation service providers to use in disclosing emissions that will 33
enable consumers to perform a meaningful comparison with a 34
supplier's or basic generation service provider's emission levels; and 35
(3) [A] a uniform emissions disclosure format that is graphic in 36
nature and easily understandable by consumers. The board shall 37
periodically review the disclosure requirements to determine if 38
revisions to the environmental disclosure system as implemented 39
are necessary. 40
[Such] The standards shall be effective as regulations 41
immediately upon filing with the Office of Administrative Law and 42
shall be effective for a period not to exceed 18 months, and may, 43
thereafter, be amended, adopted or readopted by the board in 44

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accordance with the provisions of the "Administrative Procedure 1
Act [."] ,” P.L.1968, c.410 (C.52:14B-1 et seq.). 2
c. (1) The board may adopt, in consultation with the Department 3
of Environmental Protection, after notice and opportunity for public 4
comment, an emissions portfolio standard applicable to all electric 5
power suppliers and basic generation service providers, upon a 6
finding that: 7
(a) [The] the standard is necessary as part of a plan to enable 8
the State to meet federal Clean Air Act or State ambient air quality 9
standards; and 10
(b) [Actions] actions at the regional or federal level cannot 11
reasonably be expected to achieve the compliance with the federal 12
standards. 13
(2) By July 1, 2009, the board shall adopt, pursuant to the 14
"Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et 15
seq.), a greenhouse gas emissions portfolio standard to mitigate 16
leakage or another regulatory mechanism to mitigate leakage 17
applicable to all electric power suppliers and basic generation 18
service providers that provide electricity to customers within the 19
State. The greenhouse gas emissions portfolio standard or any other 20
regulatory mechanism to mitigate leakage shall: 21
(a) [Allow] allow a transition period, either before or after the 22
effective date of the regulation to mitigate leakage, for a basic 23
generation service provider or electric power supplier to either meet 24
the emissions portfolio standard or other regulatory mechanism to 25
mitigate leakage, or to transfer any customer to a basic generation 26
service provider or electric power supplier that meets the emissions 27
portfolio standard or other regulatory mechanism to mitigate 28
leakage. If the transition period allowed pursuant to this 29
subparagraph occurs after the implementation of an emissions 30
portfolio standard or other regulatory mechanism to mitigate 31
leakage, the transition period shall be no longer than three